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Childminders - a question relating to termination of a contract.

(5 Posts)
winestein Thu 04-Jun-09 21:45:52

My friend is a childminder who has had a parent give notice to cancel the current contract.

The parent has pointed out that my friend has taken 3 days annual leave over and above that due for the length of the annual leave period in which the contract is in force.

What is the protocol in this situation? Does my friend have to "owe" the additional monies back to the parent?

I imagine she does by the way, but after a previous quick discussion over this she thinks that she has taken it during the period under contract and as such was entitled. I think there may be a bit of a fallout and she has asked me to ask the wisdom of Mumsnet.

Many thanks!

stomp Thu 04-Jun-09 23:02:06

Its not straightforward, it depends on the exact wording on the contract & if she recieves payment for holiday or not. I suggest your friend phones her insurance company for legal advice. In future she may wish to leave that part of the contract blank or say she may take upto ...weeks.

nannynick Fri 05-Jun-09 00:13:06

Not an easy one. Agree with Stomp, it's down to the wording in the contract, so without seeing the contract can't really offer any advice.

My general view is that a Childminder provides a service. If that service is unavailable then the parent should not have to pay. If the service is available but the parent chooses not to use it, then the parent still pays. Some childminders operate like that, others don't.

Definitely depends on the contract. I don't charge for my 4 wks holiday, but I have 2 mindees where I work out 48 wks charges over a 12 mth period, then they pay by s/order - suits parents and myself - but I note every week in my diary what charges should have been. If either myself or parents gave notice, I would work out if anything was owed on either side.

She needs to have a chat with the parent. Holiday pay is always a very 'sensitive' subject. I've had parents in the past think that they shouldn't pay for bank holidays when they fall on contracted days. They get paid, so I think I should too.

Your friend sets her own terms and conditions and possibly needs to review them to make sure they are 'water-tight' for future contracts.

winestein Fri 05-Jun-09 15:23:03

Great - thanks for the info and advice laydees. I will pass it on smile

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